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Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

Tenant resides at end of contract

21 Jun 2022 | 1 comment

I am worried I’ve made myself vulnerable. I had a tenant under an AST which came to the end of the term.  When I went to collect the keys, the tenant was ready to move out but expressed an interest to stay. I then said I could create another contract on condition he paid the rent straight away. But I have not received the rent and so  what was previously my  tenant is now occupying without a contract.

I do not suspect a deliberate attempt on the part of the tenant to achieve this, not least because he was ready to leave.  I suspect he would sign a new contract if necessary. What is best to preserve my rights to possession? Can I evict without a contract?

Answer

1 Comment

  1. guildy

    If they gave a notice to quit before intending to leave, you would need to provide them with a new tenancy.

    However, if all the following apply:

    (1) no notice by the tenant
    (2) they didn’t leave and then moved back in
    (3) they remained in occupation throughout

    Then, you don’t need to do anything because fixed-term assured shorthold tenancies never end but instead become periodic, assuming the tenant remains in occupation on the last day of the term.

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